white_paper_on_data_protection_in_india_171127_final_v2

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The OAIC is mandated to ensure enforcement of the provisions of the Privacy Act. 791 The OAIC is appointed by the Governor‐General by a written instrument 792 for a duration of no more than five years. 793 To ensure the lawful enactment of his/her duties by the OAIC, she may not engage in paid employment outside the duties of his or her office without the Minister‘s approval. 794 (ii) Functions, powers and duties of data protection authorities European Union The functions, duties and powers of the supervisory authority under EU GDPR include the following: 795 a. Monitoring, enforcement and investigation The supervisory authority must monitor and enforce the application of the EU GDPR. It also has the power to handle complaints lodged by a data subject, duty to investigate the complaint (including obtaining from the data controller access to all personal data as required) and inform the complainant of the progress and outcome of the investigation within a reasonable period. The supervisory authority has the power to order the rectification or erasure of personal data, issue warnings and reprimands, and impose administrative fines on a data controller in case of breach of data protection obligations. The supervisory authority also has the power to carry out data protection audits and impact assessments. b. Advisory powers The supervisory authority can advise the Member States and other institutions on legislative and administrative measures relating to protection of natural persons‘ rights and freedoms about processing. c. Standard setting powers The supervisory authority can establish codes of conduct, encourage the establishment of data protection certification mechanisms, data protection seals and marks, and undertake periodic review of issued certifications. d. Awareness generation 791 The OAIC is established under Section 5, Australian Information Commissioner Act, 2010 (Australian Information Commissioner Act). 792 Section 14, Australian Information Commissioner Act. 793 Section 15, Australian Information Commissioner Act. Per Section 16, Australian Information Commissioner Act, the OAIC is not permitted to engage in paid employment outside the duties of her office without the Minister‘s approval. 794 Section 16, Australian Information Commissioner Act. 795 See Articles 35, 57, 58, 77 and 83, EU GDPR. 178
The supervisory authority shall promote awareness of data controllers and processors of their obligations under the EU GDPR and promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing. United Kingdom The functions, duties and powers of the Information Commissioner of UK include the following: 796 a. Monitoring and enforcement The Information Commissioner has the power to issue an ‗enforcement notice‘, ‗assessment notice‘ and ‗information notice‘ in order to determine whether the data controller has complied with the provisions of the UK DPA. 797 b. Standard setting powers The Information Commissioner may encourage trade associations to prepare and to disseminate to their members codes of practices, and where any trade association submits a code of practice to the Information Commissioner for her consideration, notify the trade association whether in her opinion the code promotes the following of good practice. c. Awareness generation The Information Commissioner must also provide educational materials to the public so that individuals are aware of their data protection rights. In order to ensure that data controllers are aware of their obligations in relation to processing operations of personal data, the Information Commissioner can disseminate information to data controllers that pertains to the same. Canada The functions, duties and powers of the Privacy Commissioner include the following: a. Monitoring, enforcement and investigation The Privacy Commissioner‘s investigative powers predominantly include the handling of all complaints filed under PIPEDA. 798 While conducting an investigation, the Privacy Commissioner may review evidence, collect relevant records, and enter any premises and prepare a report within one year of filing of the complaint that contains all the findings and recommendations. 799 Where the Privacy Commissioner deems a complaint resolvable without 796 Section 51, UK DPA. 797 Sections 40, 41A and 43, UK DPA. 798 Section 11(1), PIPEDA. 799 Section 13(1), PIPEDA. 179
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WHITE PAPER OF THE COMMITTEE OF EXP
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inclination to peruse the contents
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TABLE OF CONTENTS Foreword.........
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(x) Impact on development of teleco
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9.1 Introduction ..................
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1. A Digital India in a Digital Wor
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information can then be used to cre
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Privacy is a complex concept that h
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The FIPPS were soon followed by the
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In light of these developments, the
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OECD Guidelines, 68 and sought to a
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Constitution - the right against un
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visits at night and regular surveil
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or necessary for legal compliance.
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Aadhaar based authentication which
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tested as per the contemporary Indi
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man and woman must be kept in mind.
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of the law. Second, the ease of cro
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ambit of the term organisation. 191
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1. What are your views on what the
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2.2 Horizontality of Application (P
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a. The law could regulate personal
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This distinction between data and i
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(iv) Pseudonymisation and Anonymisa
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that the information is not in the
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CHAPTER 4: SENSITIVE PERSONAL DATA
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protection. Subject to an evaluatio
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South Africa The POPI Act defines p
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a. All personal data processed must
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an employee of the controller who g
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. Clear bifurcation of roles and as
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7.2 Specific Exemptions and Interna
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In India, collection of statistical
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of imposition of similar nature.‘
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mechanism to provide prior approval
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1. What are your views on including
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To facilitate the cross-border tran
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(ii) Binding Corporate Rules BCR ar
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individual to take action to enforc
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CHAPTER 9 : DATA LOCALISATION 9.1 I
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(iii) IT-BPO/BPM Industrial Growth
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amounts of computer hardware, they
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In Indonesia, the regulation regard
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Distribution of Insurance Products)
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Another advantage of relying on con
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individuals may find it impossible
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that the collection is reasonably n
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CHAPTER 2: CHILD’S CONSENT 2.1 In
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the cloud service provider as to st
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The PIPEDA does not specifically de
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7. How can the requirement for pare
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mechanism still continues to play a
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3.3 International Practices Despite
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(CALOPPA) 466 and the GLB Act requi
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CHAPTER 4: OTHER GROUNDS OF PROCESS
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This ground covers two types of sce
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that there may be certain situation
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CHAPTER 5: PURPOSE SPECIFICATION AN
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collected for more than one purpose
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enable data controllers to understa
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CHAPTER 6: PROCESSING OF SENSITIVE
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may instrumentally be caused if the
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PIPEDA does not specifically deal w
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CHAPTER 7: STORAGE LIMITATION AND D
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solely for archiving purposes in th
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2. Data Quality: The principle of d
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data protection laws across jurisdi
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The requirement to be provided the
Page 137 and 138: Information Act, 1982 or other appr
Page 139 and 140: CHAPTER 9: INDIVIDUAL PARTICIPATION
Page 141 and 142: . the processing is unlawful and th
Page 143 and 144: such a right may be unsuitable in t
Page 145 and 146: from being taken solely on the basi
Page 147 and 148: CHAPTER 10: INDIVIDUAL PARTICIPATIO
Page 149 and 150: emove data for ―the processing of
Page 151 and 152: South Africa Section 24 of the POPI
Page 153 and 154: PART IV REGULATION AND ENFORCEMENT
Page 155 and 156: they form core, substantive element
Page 157 and 158: CHAPTER 2: ACCOUNTABILITY AND ENFOR
Page 159 and 160: have been taken or that the data su
Page 161 and 162: The EU GDPR focuses on a ―risk ba
Page 163 and 164: person who processes personal infor
Page 165 and 166: with developing certain baseline ac
Page 167 and 168: ENFORCEMENT TOOLS 2.6 Introduction
Page 169 and 170: Australia The Privacy Act makes ext
Page 171 and 172: B. PERSONAL DATA BREACH NOTIFICATIO
Page 173 and 174: eputation, and loss of confidential
Page 175 and 176: There is a need to put in place a n
Page 177 and 178: C. CATEGORISATION OF DATA CONTROLLE
Page 179 and 180: The Treasury Board of Canada Secret
Page 181 and 182: Under the EU GDPR, only certain dat
Page 183 and 184: 5. What range of additional obligat
Page 185 and 186: D. DATA PROTECTION AUTHORITY 2.18 I
Page 187: and approval of the appointment by
Page 191 and 192: . Advisory The functions of the OAI
Page 193 and 194: standards be set by different entit
Page 195 and 196: maintain reasonable security practi
Page 197 and 198: notices‘ 827 and ‗information n
Page 199 and 200: 5. Given that the Appellate Tribuna
Page 201 and 202: CHAPTER 4: REMEDIES A. PENALTIES In
Page 203 and 204: sector, size, financial and other r
Page 205 and 206: to an overly adverse impact on smal
Page 207 and 208: B. COMPENSATION Awarding of compens
Page 209 and 210: United Kingdom As per the guidance
Page 211 and 212: C. OFFENCES There are certain types
Page 213 and 214: 4.11 Provisional Views 1. The law m
Page 215 and 216: SCOPE AND EXEMPTIONS 1. Territorial
Page 217 and 218: 6. Are there any other views relati
Page 219 and 220: 2. Should the definition of process
Page 221 and 222: 1. What are your views on including
Page 223 and 224: 9. Data Localisation Data localisat
Page 225 and 226: 2. Child’s Consent It is estimate
Page 227 and 228: Alternatives: a. Assigning a ‗dat
Page 229 and 230: If ‗sensitive personal data‘ is
Page 231 and 232: 2. Should there be a restriction on
Page 233 and 234: 3. Does a right to be forgotten add
Page 235 and 236: 1. What are your views on the use o
Page 237 and 238: oth for principled and practical re
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Questions 1. What are your views on
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12. In cases where compensation cla
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3. What are the mitigating circumst
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